The Belgian Constitutional Court holds that the federal Gender Recognition Act of 25 June 2017 is unconstitutional on several points.
The Act contains a lacuna in so far as the sex registration in the birth certificate is limited to the binary categories of male or female. Based on the principle of self-determination, the federal legislature enables individuals to change the sex registration in their birth certificate in accordance with their inner conviction. From this perspective, it is not reasonably justified that persons with a non-binary gender identity are required to accept a sex registration in their birth certificate based on the male/female classification when this does not correspond to their inner perceived gender identity. However, it falls solely upon the legislature to remedy this unconstitutionality.
The Court, in addition, annuls the provisions that render the modification of the sex registration in the birth certificate in principle irrevocable and only allow for a single first name change for transgenders. Despite the fact that through an exceptional procedure before the Family Court one can revert back to the original sex, this cannot be considered justified in light of the objectives pursued as it discriminates persons with a fluid gender identity.